Dismissal without explanation - is it possible to do this within the framework of current legislation?

Unfortunately, despite the current legislation in the field of labor relations, employers still sin by dismissing employees without good reason, or specifically, for the sake of some benefit. A situation in which an employer dismisses an employee without reason will be beneficial to the employer if the employee writes a statement of his own free will, since in this case he will not have to pay redundancy benefits. For an employee who is fired suddenly and virtually without reason, such a situation can be catastrophic.

In this article we will try to figure out how legal the employer’s actions are, and what should an employee do in a situation where he is fired without good reason?

Signs of impending dismissal

An employer can terminate relations with an employee only in accordance with the standards prescribed in the Labor Code of the Russian Federation, taking into account the clauses of the collective and individual agreement. In reality, illegal dismissal without explanation is by no means uncommon. This is explained by the organization’s reluctance to lose money or personal reasons for which the employee no longer suits his boss.

determine that they are preparing to break up with a person without legal grounds by the following signs:

• Creating uncomfortable working conditions.
• Far-fetched demands, constant nagging and comments.
• Humiliation and insults, verbal reprimands in raised voices.
• Increased control and endless checks.
• Threats, moral and physical pressure.
• Demands to move to a lower paid job.
• Reduced salaries, delayed payments, lack of bonuses and allowances.
• Increasing responsibility and reducing powers.
• Fines and other penalties for any reason or without it.

All these factors may indicate that a person is being forced to write a letter of resignation of his own free will. They often openly say that they will fire him under an article that will make it impossible to get a job in the future, and the employee’s improper performance of his duties will be easily proven in court.

Fired from work without reason: what to do

If illegal dismissal does take place, the employee has every chance to defend his rights. He can contact:

• to the State Labor Inspectorate (SIT);
• to the prosecutor's office;
• to court.

In this case, you can contact three of these places at the same time. This is due to the fact that all three authorities provide different methods of violated rights. If the State Tax Inspectorate and the prosecutor’s office can inspect the organization and issue an administrative fine with an order to eliminate violations, then the court can immediately reinstate the person at work, as well as oblige the employer to pay him compensation for forced absence. The court decision on reinstatement at work by virtue of Articles 394 of the Labor Code of the Russian Federation and 396 of the Labor Code of the Russian Federation must be executed immediately. But a person can go to court on this matter only within one month from the date of delivery of a copy of the order of dismissal from work or from the date of issue of the work book. If he did not receive these documents, the countdown of the period begins from the moment when he became aware (should have become aware) of the violation of his rights. However, such appeals to the court are not subject to state duty.

Legal documents

• Article 81 of the Labor Code of the Russian Federation
• Article 394 of the Labor Code of the Russian Federation
• 396 Labor Code of the Russian Federation

Safety issues in labor disputes

Most workers know where to go if they are fired from work without reason - to the labor inspectorate. At the same time, it is worth trying to neutralize the conflict, as well as insure against possible provocations. This will at least give you time to prepare to leave and find a new place. The main thing is not to give in to emotions and not to aggravate the situation with rash actions.

Here are some ways to stay safe:

• Behave politely, restrainedly, correctly.
• Avoid violations.
• Take a vacation.
• Take sick leave. This reliably protects against dismissal.
• If it comes to applying sanctions, you should require that complaints be submitted in writing, with specific references to the norms that are allegedly violated.
• Accurately follow all work-related requirements and instructions. This applies even to those items that have not been used in practice for a long time, but have not been officially canceled. For example, cleaning the workplace or filling out the accounting journal in a timely manner.
• Study labor legislation and motivate your actions with its provisions. Point them out to your superiors.
• Contact your immediate superior or get a meeting with a senior manager and try to clarify the situation and look for a compromise solution.
• When threats or illegal demands are made, it is better to record them on a voice recorder and make a copy of the recording. In the future, if the relevant authorities and the court have to be involved in the situation, this may play a significant role.
• If there is a trade union at the enterprise, it is necessary to contact it with an official statement. It is possible that he will take the employee’s side.
• Officially declare your intention to contact the supervisory authorities.

By showing an exemplary attitude towards fulfilling his job duties, an employee can convince an employer who is about to part with him. The need to document violations that actually do not exist can reduce the number of complaints from management.

Following simple rules can defuse the situation. If dismissal cannot be avoided, the person will have time to prepare an official basis for appealing to supervisory and other authorities.

They want to fire you. How to behave?

News of a layoff is always disconcerting. A whirlwind of thoughts instantly rushes through your head, starting with irritation that your boss is acting unfairly and ending with concern for your financial situation and uncertainty about your future. What to do if the dismissal took you by surprise?

As you know, anger is a bad advisor, so first of all, try to pull yourself together and curb your emotions. Look at the current situation from the outside and do not make hasty decisions. Try to perceive what is happening as a reason to rethink the path you have taken, evaluate the experience gained, and draw constructive conclusions drawn from the analysis of previous mistakes.

Under no circumstances make hasty decisions! Give yourself some time to think about your final answer. If you are not confident in your abilities right now, then talk about the current situation with those you trust, or seek advice from an experienced lawyer.

We, in turn, have also prepared several recommendations that will help you withstand a difficult situation and get out of it with minimal losses.

Your rights in case of dismissal. What is important to know?

1. No backdating signatures! Carefully read all documents that you are asked to sign. In practice, there are cases where in this way an employee was forced to sign a job description (in order to then be accused of negligence in the performance of official duties and fired due to inadequacy for the position held) or an additional dismissal agreement on terms favorable to the employer.
2. Re-read the contract. If you are employed in accordance with the current legislation of the Russian Federation, you are lucky. Because even in connection with staff reduction, it is difficult for a manager to dismiss an employee without his desire and any compensation payments. Article 180 of the Labor Code of the Russian Federation obliges the employer to give the employee a corresponding notice 2 months before the layoff and during this period offer him a list of available vacancies for which he has the right to apply. After two months, at the time of dismissal, the employer is obliged to pay the employee an amount equal to the average monthly earnings, which will ensure his financial stability during the forced search for work. But here the Labor Code continues to defend the rights of the dismissed employee. If a specialist fails to find a job within the first month after losing his job, he obliges the former employer to pay compensation for the second month. And if within 2 weeks after the forced layoff you register with the employment authorities, but this does not help you find a job, then this obliges the former employer to pay you additional compensation. Thus, the option of dismissal due to staff reduction is not so bad. It is important to know your rights and not to panic.
3. Try to come to an agreement. A scandal associated with a dismissal does not benefit either the person being fired or the company, whose interests are not to wash dirty linen in public. In addition, the company is interested in the specialist transferring his affairs and not destroying previously established business processes. However, some managers, in order to avoid additional costs, are ready to offer unfavorable conditions to the employee and, in case of refusal, threaten with dismissal under the article. Remember, if there is no documented evidence of your violation of labor discipline, such a threat is nothing more than a psychological attack.

What to do if you are offered to resign of your own free will? Take your time. According to the norms of the Labor Code, by doing this you deprive yourself of the right to receive any compensation payments. Why should you act to your detriment?

A good way out of this situation would be dismissal by agreement of the parties. In essence, this is the best option for a “conflict-free” solution, in which the law does not limit you to strict limits governing the terms of the agreement.

In this situation, everything depends on your ability to persuade and correctly place emphasis in a conversation with your manager. If you succeed, the compensation upon dismissal may be several times higher than the amount originally offered to you.

In addition, you can arrange to receive good references that will help you in your search for a new job.

Consider the current situation and try to find the reason for your dismissal. If the crisis is to blame, then just accept it as a fact and don’t blame yourself.

If you hear the phrase that your work does not suit the company, then try to find out what exactly your mistakes are and analyze these points with an open mind in order to prevent them from happening again in your new job.

From the site: https://finexecutive.com/ru/news/vas_hotyat_uvolity_kak_sebya_vesti

Dismissal by agreement of the parties

If possible, you should not agree to dismissal at your own request if there is none. The solution may be dismissal by agreement of the parties - all requirements can be specified in separate paragraphs (up to the amount of compensation payment).

The advantages of this approach are obvious:

• The document can include those requirements that the employee considers necessary.
• The agreement can stipulate all the conditions for terminating the relationship.
• The material side of the issue will be documented.
• There will be no problems with new employment in the future.

The employer may not agree to this option, but if you are fired without reason, it is worth trying in any case, explaining to the employer the benefits of such an agreement.

What may be legitimate reasons for dismissal?

The citizen’s right to work is protected by the state and is stated in the Constitution of the Russian Federation. No one can be deprived of this opportunity without reason. The list of reasons that serve as legal grounds for dismissal is enshrined in the Labor Code of the Russian Federation:

• Termination of the contract at your own request;
• Termination of the contract at the initiative of the company: For disciplinary offenses;
• Due to loss of trust;
• As a result of committing a crime.

Each of the specified grounds for termination of employment relations presupposes a certain documentation procedure, therefore any arbitrariness is unacceptable.

How does an employee leave on his own initiative?

The very wording “of one’s own free will” presupposes the free expression of the employee’s will to resign. In this case:

• A free-form application is written 2 weeks before the day of care;
• The allotted time is worked out (2 weeks);
• An order is issued, all documents are issued and payment is made on the day of dismissal.

Writing an application for settlement under pressure from the employer is unacceptable, as it may be the basis for litigation.

How is one fired at the initiative of the employer?

Dismissal at the request of the employer is one of the most conflicting and risky options for him from the point of view of legislation. In addition, this option involves a more labor-intensive and thorough documentation procedure. In this case, the dismissal process occurs as follows:

• The fact of the committed offense is established, about which a commission act or other document fixing it is drawn up;
• The employee is requested to provide written explanations of the reasons for the violation, which he must provide within 2 days after the employer contacts him;
• A decision on punishment is made and an order for disciplinary action is issued;
• Based on the results of one serious violation or several less significant ones, a decision is made to apply dismissal as a punitive measure;
• An order to terminate the contract is issued, which the employee must familiarize himself with under signature;
• Payments are made and documents are issued on the last working day.

If the employee does not agree with the claims made against him, he can challenge such dismissal subsequently.

How do they leave by agreement?

Agreement of the parties, the most comfortable way for both parties to an employment contract to part ways if a conflict arises. Its procedure is not clearly defined in the legislation, and, as a rule, it occurs by concluding an additional written agreement signed by the participants of the employment contract. It may provide for additional payments and other conditions upon dismissal.

Dismissal by agreement of the parties will be the most difficult for an employee to challenge in court.

Other dismissal procedures

Staff reduction occurs due to objective circumstances, and the procedure for its implementation is strictly regulated:

• The employee is notified in writing 2 months before dismissal;
• He is offered other remaining vacancies on the staff;
• After 2 months, a dismissal order is issued;
• The employee is paid a dismissal benefit for a period that, according to the decision of the employment service, can range from 1 to 5 months.

Carrying out a reduction is one of the most complex and time-consuming procedures for dismissal.

At the end of the contract, the procedure is similar to others. With the only exception that the warning occurs 3 days before dismissal.

This is important to know: Help when quitting your job

When the employer is not to blame

An employee cannot be fired without explanation. But before seeking justice, you should make sure that management really does not have arguments for dismissal. It is possible that the employee still has violations or that the termination of the relationship is due to circumstances beyond the control of the parties. This includes:

• Termination of the activities of an enterprise or organization, reduction of its staff. However, this does not eliminate the need for compensation and documenting every step of the employer.
• Inconsistency with the position. For example, an employee needs a certain certification result. It's not easy to dispute. In this case, the employee must be offered a different position, and if he does not agree to it, the employer has the right to dismiss the employee.
• Repeated failure to fulfill job duties - but only those specified in the contract.
• Absenteeism, going to work while drunk, and other violations for which the person was subject to disciplinary action. Absenteeism must be properly documented, and intoxication must be documented with a medical report.
• Violation of safety rules at work, which resulted or could lead to consequences in the form of an accident.
• Theft at work.
• Loss of trust in the employee (usually as a result of damage caused by the financially responsible person).
• Revealing the fact of providing false information when applying for a job.
• Loss of qualifications recognized administratively.
• Restrictions established by a medical commission that affect the mental or physical capabilities of a person and prevent the normal performance of a certain job.

In such cases, the option of dismissal at will is more beneficial for the employee. After all, this is definitely better than getting a compromising entry in the work book.

Inconsistency with the position held and loss of confidence

Of this long list, the most dangerous for employees can be considered inconsistency with the position held and loss of trust. Other guilty actions of the employee must have documentary evidence, and most citizens know about this. Therefore, they believe that it will not be possible to simply attribute absenteeism to the employer. But loss of trust is a subjective concept and does not require proof. Such a reason for dismissal in the application form can ruin your career.

This is important to know: Under what article are people fired at their own request?

In reality, everything is completely different. Loss of trust can only be a consequence of proven guilty actions of the employee. Therefore, the director cannot simply decide that he no longer trusts this person. Likewise, he cannot recognize that a person does not meet the requirements of a professional standard or position. Such a conclusion can only be made by a special qualification or certification commission. Therefore, if a person receives threats of this kind, he may not worry if he has not committed any violations and no one has checked his qualifications.

Where to contact an employee

In case of illegal dismissal, you should contact the authorities that regulate labor relations. Practice shows that they quite often take the side of the victim. There are several options for what to do if you are fired without reason:

• Apply to the labor inspectorate. The inspectorate is obliged to conduct an inspection and determine whether the dismissed person’s claims are real and whether the employer’s actions are legal. The organization may not comply with the decision of this authority, but it will be of great help in court.
• Write a statement to the prosecutor's office. The supervisory authority has the power to hold legal entities and their managers seriously liable, and can also act on the side of the victim in court. In addition, if it comes to illegal dismissals, there are probably other violations at the enterprise, and it will be easier for the employer to resolve the issue of payments or reinstatement than to attract unnecessary attention from the prosecutor’s office.
• File a claim in court. Here the employer will have to prove with documents in hand all the violations allegedly committed by the employee and motivate each step.
• Contact a reputable law firm. Here they will help with documents, write claims, draw up a claim and represent the interests of the victim in court.

If the dismissal was an unreasonable whim due to the personal wishes of the manager, this will almost certainly come out during the proceedings. In this case, the authorities will help the worker in restoring his rights. This process, however, can be long, but it’s not only about money, but also about justice.

If you have doubts about the legality of the employer’s actions, you should not follow his lead. At a minimum, you can contact a lawyer - he will tell you what to do if you want to fire you from your job without reason. It is unlikely that it will be comfortable to work in the same place, but the chances of receiving various payments, including compensation for moral damage, are quite high.

In what cases is it no longer possible to return to work?

If an employer wants to say goodbye to an unwanted employee, then the reason why it will not be possible to return to a previously held position may be testing conducted by a special organized commission. Failure to complete tasks will be an argument for transferring hired personnel to a lower position; in case of refusal or absence of such, termination of the employment contract will be completely legal. Without passing certification, when the employer only verbally voices the reason for professional incompetence, it is impossible to fire a person.

Very often, the boss forces his subordinates to write a statement “of their own free will,” although in fact the termination of the employment contract is the initiative of the management. In the case where such a document was written by an employee, there will be no way back. This is due to the impossibility of proving that they want to fire personnel in violation of the law and employee rights.

This is important to know: Is work paid upon dismissal?

It is extremely rare, but in practice, some directors use the basis for terminating relations between the parties, which is prescribed in the Labor Code as “loss of trust.” The law does not provide for a clear list of offenses that led to such consequences, therefore the employer has the right to evaluate the actions or inactions of the subordinate himself. Such situations can only arise with financially responsible subordinates.

It is extremely important for an illegally dismissed employee to contact the appropriate authorities in a timely manner in order to protect his rights, since a delay in the deadlines may serve as a refusal to consider the complaint.

They talk about dismissal without explanation in this video:

Moments related to deprivation of a job without good reason, initiated by management, should not become a reason for the loss of the only source of income for a person. It is worth remembering that such situations are a direct violation of workers’ rights, so a timely reaction on the part of the dismissed person can restore justice.

What should an employee do and what should he not? The job description will answer these questions!

Life is not an unambiguous and complex thing, at the beginning of his working life a person is looking for a job, looking for a place where he could apply his skills in practice, then he begins to struggle with doing only the work that he agreed on in advance, and not the one that management imposes on him.

Although nowadays there are increasingly cases when a manager tries to force an employee to do “extra” work for him, i.e. he is actually abusing his powers. And what can an employee object to such a boss?

How can he deal with such situations without losing his job, which he has been looking for for so long? After all, most often it is the loss of a job that forces many to perform work that goes beyond their functionality.

The boss wants to lay off people because of personal animosity.

Remember that if you are forced to do work that you should not do due to your official status, but you are forced to do it, and this is motivated only by the fact that someone still needs to do it, then this is not legal. Here there is a direct abuse of his official position as a boss, forcing you to do something that you should not do.

If you turn to labor legislation, you can see an article there that regulates precisely such moments, i.e. it clearly states that the employer does not have the right to require employees to perform work that is not specified in their employment agreements or contracts.

In particular, article sixty-nine of the Russian Labor Code tells us this.

Moreover, everything that an employee must do, i.e. everything that is included in his functional responsibilities is prescribed in the job description. And the employee must sign this instruction when hired for this position.

Only under a combination of appropriate circumstances, the employer has the right to demand from the employee that he perform some work that is not specified in his job description. And these circumstances are:

• situations that can be classified as force majeure;
• accident cases;
• situations when a natural disaster occurs, etc.

And therefore, if, in principle, there are no such listed circumstances at your work and in the city, then the employee may quite legally refuse to perform those duties that his management imposes on him, and if such duties are not specified in the job description that he signed, or they are not specified in his employment contract.

At the same time, it is impossible to fire an employee because he refused to do such work - this is not legal. The only option for management may be for the employee to offer to combine his main duties with additional work, but all this must be documented, and there must also be appropriate remuneration for this work.

Moreover, the amount of such remuneration should be approximately the same as that received by another employee who performed this work as his main duties.

But when an employee does not want to do additional work even for compensation, then he cannot be forced. There is no such legitimate mechanism to force a person to work where he does not want to work.

If a dispute arises between an employee and his employer based on his labor duties, then the resolution of such a dispute is dealt with by a commission that resolves labor disputes, as well as through the courts. And if there is a trade union committee at the enterprise, then when resolving a dispute, its participation is simply mandatory.

The main thing to remember is that it is your right and even your duty to defend your rights if you see that they are being violated and are completely confident that the truth is on your side. Good luck with your work!

From the site: https://gribakov.com/clauses/chto-sotrudnik-dolzhen-vypolnyat-a-chto-net-na-eti